Tag Archives: Nottingham

News

Lack of identification evidence leads to not guilty verdict

identification evidence nottingham crime solicitor
Nottingham Magistrates’ Court

Nottingham crime solicitor Lauren Fisher represented her client at Nottingham Magistrates’ Court who was charged with assault. After she properly identified that the issue in the case was identification evidence, the prosecution did not manage to secure the evidence that her client was responsible  in time for trial.  Not guilty verdicts followed.

The allegation

A member of the public had seen two males being assaulted so went to their aid.  Both males are drunk and in company with a female.  One of the males then becomes aggressive and pushes the female before attempting to hit the person who had been helping them.

Although the male walks away with the female he is followed by the member of the public.  He is then seen to kick the female and swing her around by her bag.  He calls the police because of his concerns.

When the police arrive, no complaint is made by the female.  Lauren’s client is in a group of three males by this time.  He is spoken to by the police and taken home, but then received a notification that he had to attend court.

No identification evidence…

Lauren advises him on the statements received.  There is not a statement from anybody identifying him as the person who either swung for the member of the public or kicked the female.  He enters not guilty pleas.  Lauren makes it clear on the case management form that identification will be the issue in the case.

…and still no identification evidence

Despite this, the prosecution serve no additional evidence until the morning of trial.  This is in an additional statement from the eye witness stating that he had pointed out the male to the police.  There was, however, no corresponding statement from the police officer confirming that if was Lauren’s client who was identified.

The prosecutor had to therefore make an application to adjourn the trial to try and put right this evidential problem.  The was opposed by Lauren, bearing in mind the time the Crown had had to secure any evidence.  The Magistrates’ decided that it was not in the interests of justice to grant the prosecution the adjournment.  As a result the prosecution had no alternative but to offer no evidence.  The charges were dismissed and Lauren’s client was found not guilty.

Contact a Nottingham Criminal Law Solicitor

identification evidence nottingham crime solicitor
Nottingham crime solicitor Lauren Fisher

Whether you face a police investigation or Magistrates’ or Crown Court proceedings you will wish to instruct a specialist criminal defence lawyer with an eye for detail who will fight your case.  This can be particularly important in cases involving identification evidence.  The identification might be by eye witnesses, from CCTV or from forensic evidence so the legal approach will be different in each case.

If you wish to instruct Lauren Fisher then please telephone her on 0115 9599550 or use the contact form below.  Alternatively, you can find you nearest office here.

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News

Legal Aid Granted After Exceptional Hardship Application

Nottingham crime solicitor Lauren Fisher  pursued an exceptional hardship application for her client to ensure that he had the benefit of legal aid.  She then ensured that his trial was prepared properly with the Crown, once again, failing to secure the evidence that would provide a realistic prospect of conviction.

The circumstances of the offence

exceptional hardship criminal legal aid nottingham vhs fletchers
Nottingham Magistrates’ Court

Lauren’s client was charged with and allegation of common assault.  A member of the public had reported the assault.  When the police attended at the scene they found the alleged victim who named Lauren’s client as being responsible for an unlawful assault.  He was named and arrested nearby.

In interview, Lauren’s client maintained that he could not remember anything about the night.  Unsurprisingly he was charged to court.

A few days later, his partner made a further statement to the police.  She stated that she had been drunk when she made her original statement.  The incident had also been two-sided and she had not been assaulted.  Due to the fact she was no longer a helpful witness to the prosecution she was tendered to the defence.  This means that Lauren could call her as a witness if she wanted.

Lack of identification evidence

The prosecution had not noticed that without this witness there was no evidence identifying Lauren’s client as the man involved in the incident.  This was the case because the eye witness had not been present when our client was arrested.  As a result of the original statement by our client’s partner there had not been identification procedures.

Once Lauren had identified this she properly put the court and prosecution on notice that identification would be a trial issue.  Had she not put the prosecution on notice it was likely that the prosecution would be granted an adjournment to seek the necessary evidence.

Failure to hold a VIPER procedure

Despite being warned of the problem with the evidence the prosecution and police failed to pursue the VIPER identification evidence.  Lauren’s client confirmed that he would consent to the procedure late in the case.  As a result his details were passed to the officer to make the necessary arrangements.

nottingham criminal legal aid exceptional hardship

Despite this, by the trial no attempts had been made to make the arrangements for a video identification parade.  As a result the prosecution took a realistic approach and offered no evidence.

Magistrates’ Court Criminal Legal Aid Exceptional Hardship

Criminal legal aid in the Magistrates’ Court is subject to both a merits and means test.  Firstly, the Legal Aid Agency has to be sure that there are features of the case that mean that legal aid should be granted.  The defendant is also subject to a means test.  There is no contribution, so if the defendant earns over a certain level after deductions then legal aid is not available.

It is possible, however, to make an application to the Legal Aid Agency to ask that legal aid is granted on the basis of exceptional hardship.  This procedure involves the defendant’s solicitor setting out the likely fees to represent them at court and then asking the Agency to say that the expense would be more that they could afford.

In this case, Lauren spent the time with her client assessing that such an application would be worthwhile.  Because of this he was able to have the benefit of free advice and representation at the Magistrates’ Court trial.

Contact a criminal law solicitor in Nottingham

exceptional hardship criminal legal aid VHS Fletchers
Nottingham crime solicitor Lauren Fisher

Whether you face a police investigation or proceedings before the Magistrates’ or Crown Court you will want to instruct a specialist criminal defence lawyer.  We will provide you with advice and representation that you can afford.

Please remember that advice and representation in police interview is always free of charge under the legal aid scheme.  This is always true whether you are interviewed while under arrest or as a volunteer, at the police station or another place such as your home.

We will always provide advice as to whether an exceptional hardship application is likely to succeed and advise on the process.

If you want to instruct Lauren Fisher then please telephone her on 0115 9599550 or use the form below.  Alternatively, you can find your nearest office here.

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News

Adjournment refused, not guilty verdict follows

nottingham criminal defence solicitor adjournment
Nottingham Magistrates’ Court

Nottingham crime solicitor Lauren Fisher recently represented a client at a Magistrates’ Court trial.  The case was an emotive one because it was alleged that he had assaulted his young son by dragging him from one room to another.

Police attended at the address later in the day following a report by the  mother that Lauren’s client was preventing her from leaving the address.  This informs police that she saw our client drag the child by his feet earlier in the day.  The child confirmed this at the time and there was a visible injury.

Young witness support defence account

The child provided a video statement.  Although the child was originally a witness for the prosecution, a review of the video evidence showed that the account given was inconsistent with that of the adult witness.

This final account supported what Lauren’s client said about the incident – the child had been playing with a knife so our client intervened, took the knife and dragged the child away by the hand.  As a result there was no unlawful assault.

Lauren took the unusual step of serving this interview on the prosecution so that she could invite the Crown to agree the evidence.  As an alternative a hearsay application was served because nobody with care of the child was prepared to allow the child to come to court.  Lauren shared the view that the child should not need to be present at court.

Prosecution failure to comply with duty of disclosure

The day before the trial the prosecution had the case listed for a Case Management Hearing.  The Crown had failed to comply with its duty of disclosure.  Agreement is sought to adjourn the trial in the absence of Magistrates but Lauren did not agree.  Her client did not wish further delay in the case so the case was adjourned to the trial date.

On the morning of the trial the prosecution still do not have the information it needed so a further application to adjourn is made.  Lauren insisted that the prosecution present a proper chronology of how the Crown had dealt with disclosure.

When the Crown presented the chronology it was clear that the reviewing lawyer had requested information that undermined the credibility of the remaining witness.  The lawyer had made the request time and again but it had been ignored by the police.

Eventually the police confirmed that there was such information but still did not pass it to the prosecution but it was not available for the trial.

Prosecution adjournment opposed

The prosecution adjournment was sought on the basis of the public interest in a charge of this nature being heard properly.  Lauren opposed the adjournment on the following grounds:

  • there was the likelihood from the outset that the witness was not telling the truth
  • the child involved confirmed there had been no offence committed
  • the proceedings were causing problems for her client before the family court
  • summary justice should mean speedy justice so the prosecution and police should not be allowed to ignore the rules

A not guilty verdict was recorded

The District Judge considered the representations and refused the adjournment request.  As a result the prosecution were not in a position to proceed and offered no evidence.  A not guilty verdict was entered.

Instruct a criminal law specialist

nottingham criminal defence lawyer adjournment
Nottingham crime solicitor Lauren Fisher

Whether you face police investigation, Magistrates’ Court trial or Crown Court proceedings you will want to instruct a specialist in criminal law who will spend their time trying to secure the best result for you.

If you wish to instruct Nottingham criminal defence solicitor Lauren Fisher then you can telephone her on 0115 9599550 or contact her using the form below.

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News

Bodycam Footage Helps Secure Not Guilty Verdict in Five Minutes

police bodycam footage trial solicitor
Nottingham crown court

Nottingham crime solicitor advocate Andrew Wesley recently represented a client at trial before Nottingham Crown Court.  The allegation was that his client had assaulted a teenager in the street with a stick.  Fortunately, the aftermath of the incident was captured in police bodycam footage so the jury acquitted five minutes after retiring.

Client was a victim of anti-social behaviour

The background to the case was that Andrew’s client and his housemate had been subject to anti-social behaviour for eighteen months prior to this allegation.  This had involved abuse, threats, damage to property and assaults.  Although the police had been involved time and again, they advised our client that there was insufficient evidence to bring any of the culprits to justice.

The day prior to the allegation, both householders had suffered assaults and damage to the fencing of their address.  The problems started again on the night of the allegation.  The fence was damaged again, youths entered their garden, and threats were made.

As well as calling the police, our client’s housemate went onto the street to try and film those involved.  She was hit with a stick so our client had to intervene and pull her back into their house.

The police were called again, but in the meantime a large group had gathered, including the parents of one of the alleged victims of an assault, and further threats were made.

Bodycam Footage captured initial complaint

The crowd dispersed because the police arrived, and our client and his housemate made a complaint.  This was captured on bodycam footage.  Unknown to them, however, one of the youths had turned matters around and claimed that she was the person assaulted by our client.  Two of her friends backed her up in her story.

Andrew’s client elected to have his trial by jury which in this case was a wise choice.  Although there were obvious problems with the prosecution case, a choice had been made to proceed.

Evidence before the jury that could not be challenged

Through careful preparation, Andrew was able to rely on evidence that could not be challenged by the prosecution so helping the jury decide that his client was not guilty.  This included:

  • the 999 call of the housemate that showed the witnesses could not have been telling the truth
  • the injuries of the complainant were minor so not consistent with the assault described at all
  • footage taken by our client showed the mood of the group after the incident to be threatening and abusive
  • police bodycam footage captured the first complaints of our client and his housemate as well as their demeanour.

Both our client and his witness gave evidence well.

Although the prosecution witnesses also came over well before the jury, there was a large amount of evidence that at the very least suggested that they were not telling the truth.  The jury took no time at all to come to that conclusion so our client was found not guilty.

Positive client feedback

We have been provided with feedback as to how we dealt with the case from beginning to end.  It is particularly pleasing to be able to read comments such as:

ilkeston crime solicitor bodycam footage Further, the praise was not dependent upon the outcome for our client:

ilkeston criminal defence lawyer bodycam footage

Finally, we know the stress that police investigations or court proceedings place on both our clients and other people involved in the case.  Our aim is to try and remove as much of that pressure as possible.

ilkeston legal aid solicitor bodycam footage

Contact a Criminal Law Specialist

This case was prepared from our Ilkeston office by experienced crime solicitor Chris Evans.  We are the only firm providing advice and representation under the legal aid scheme in Ilkeston.

You can find your nearest office here but we are able to provide our services nationwide.  Alternatively, you can use the form below to contact us.

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News

Conveying Prohibited Articles into Prison – Suspended Sentence

conveying prohibited articles into prison suspended sentence
Senior crown court litigator Sarah Lees-Collier

Senior Crown Court litigator Sarah Lees-Collier recently represented a client charged with conveying prohibited articles into prison.  In this case it was cannabis and mamba, List A and List C items.

Sarah’s client was in a difficult position because the sentence for such offences is almost inevitably a prison sentence.   In this case his position was worse as he had been convicted before of a similar offence.  In that case he had received a six month prison sentence.  As a result, if convicted , prison would seem inevitable.

Detained with Cannabis and Mamba

Sarah’s client had attempted to enter Nottingham Prison with two wraps of what he thought was mamba in his underwear. He was stopped because a  sniffer dog indicated that he ought to be searched.  When the items were discovered he immediately said he believed it was mamba.  When it was tested only one wrap was found to contain mamba.   The other contained cannabis although the wraps looked very similar in appearance.

The difference was potentially important in terms of sentence.  Cannabis was a List A article, whereas Mamba was not.  The maximum sentence was 10 years in prison, whereas the penalty for a List C article was a fine.

The prosecution was persuaded that  Sarah’s client could be sentenced on the basis that he believed that he was bringing a List C article into the prison.  Despite his record the court was persuaded to adjourn the case for a pre-sentence report.

At our client’s request, we instructed counsel Ben Isaacs of 7 Bedford Row Chambers.  Following extensive mitigation  the Judge was persuaded that the inevitable prison sentence could be suspended.  He received an 8 month prison sentence suspended for 18 months with community elements because of these arguments.

The Current Law on Conveying Prohibited Articles into Prison

Once an individual had knowingly conveyed a package containing any prohibited article into prison he was criminally liable for the contents.   As a result, a person will bear the risk of a significant sentence even when they thought that they were bringing in a less serious, List C item.

Their belief is likely to be important mitigation, but cannot be a defence.

Contact Crown Court Litigator Sarah Lees-Collier

If you face an allegation of conveying prohibited articles into prison or any other criminal offence then please contact Sarah.  She can be reached at our Nottingham office on 0115 9599550 or alternatively you can contact her using the form below.

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News

Drink driving sentence at Nottingham Magistrates’ Court

drink driving sentence nottingham motoring solicitor
Nottingham and Newark crime solicitor Lauren Manuel

Nottingham and Newark crime solicitor Lauren Manuel recently represented a client appearing before Nottingham Magistrates’ Court for drink driving.  Her mitigation meant that he avoid an immediate prison sentence even though his reading was over four times the legal limit.

Lauren represented her client under an affordable fixed fee agreement.

Drink driving – over four times the legal limit

The client was driving his motor vehicle in Nottingham during rush hour.    A witness saw the client drive wide around a bend crossing the central line.  He tried to correct the vehicle.  The car then headed towards a kerb and he lost control of the car.  It hit a telegraph pole with enough force so that it caused the pole to be sheared off.  It fell into the path of oncoming traffic.

Lauren’s client then attempted to get out of the vehicle and leave the scene.  Instead he was detained by members of the public.  He cooperated with the police when they asked for a specimen of breath.  Unfortunately it was over four times the limit.  The offence was further aggravated as he had neither insurance cover or a valid driving licence.

Mitigation avoids immediate prison sentence

Such a high reading in combination with the aggravating circumstances would normally result in an unavoidable and immediate prison sentence.   Instead, Lauren was able to use her experience and persuasive advocacy to ensure that the Magistrates felt able to impose a suspended sentence instead.

Lauren identified that she would be able to put compelling personal mitigation before the court so that prison could be avoided.  She was able to demonstrate to the Magistrates that her client needed assistance.  Of late he had found himself in extremely difficult circumstances.  Prior to those arising, and this incident, he had been a man of good character.  He had no previous convictions or cautions.

As a result, the court was able to balance her client’s personal mitigation and credit for his guilty pleas against the very serious aggravating features of the offence.

Although he was to be punished, that punishment was a suspended sentence.  He was to undergo rehabilitation and address his alcohol misuse.  He was, of course, disqualified from driving for a lengthy period.

Affordable Fixed Fee Representation

Although Lauren’s client was not financially eligible to receive free legal aid, she was able to offer him representation by way of an affordable fixed fee.

Contact a motoring law solicitor

Whether you are admitting an offence or intend to contest an allegation such as drink driving you will benefit from seeking expert advice and representation.  If you wish to speak to Lauren then please contact her on 0115 9599550.  Alternatively you can use the following contact form:

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News

Nottingham Duty Solicitor receives positive client feedback

nottingham duty solicitor helen lees
Crime and Regulatory solicitor Helen Lees

As a Nottingham duty solicitor Helen Lees recently represented a client before Nottingham Youth Court.

As a duty solicitor on the Nottingham scheme Helen will represent those on bail or in custody, adults or youths, who don’t have a particular solicitor that they want to instruct.  They are generally able to use the services of the Duty Solicitor.

Nottingham Duty Solicitor Scheme

On this occasion her client was a 17 year old appearing before Nottingham Youth Court.  He faced an allegation of common assault. He was going to plead guilty to the allegation.

He had attended court with his mother and step mother.  The case was not out of the ordinary or particularly serious.  It was clear, however, that Helen’s client and the two family members were treating the matter very seriously.  The son clearly regretted his actions.

As a duty solicitor, Helen will often meet clients who do not know anything about the court process or procedure.  They will not know the likely sentence for their offending.   As a result, Helen spends the time that it takes to ensure that they understand what is likely to happen in the court hearing.  She will advise on the likely outcome.

In this case Helen’s client pleaded guilty.  He had not been to court before so the court was able to sentence him immediately.  Much positive mitigation could be put.  He received a three month Referral Order.

Positive Client Feedback

nottingham duty solicitor client feedbackHelen was surprised when, shortly after the hearing, she received a thank you card from the family.

She was touched that they had taken the time to send it, and it was a reminder that all court cases are important to the people who take part in them.

Contact Nottingham Duty Solicitor Helen Lees

You will be able to take advantage of the services of the duty solicitor when you attend court for the first time but you may benefit from early advice and preparation.  Duty solicitors will be unable to deal with trials, for example.  Legal aid will often be available.  Alternatively we are likely to be able to deal with your case by affordable fixed-fee representation.

If you face criminal proceedings and wish to speak to Helen then please contact her on 0115 9441233 or email her here.

News

Conspiracy to defraud sentencing leads to positive client feedback

conspiracy to defraud nottingham criminal defence
Senior Crown Court litigator Laura Clarson

Nottingham crown court litigator Laura Clarson recently represented a client who face an allegation of conspiracy to defraud.

Laura’s client had been originally charged with conspiracy to defraud together with her brother.  She also faced two separate charges of fraud.

The allegations were serious so although of good character there was a real risk of a prison sentence.

The Allegations

It was alleged that she was guilty of conspiracy to defraud because she had opened a bank account.  Into this account money obtained by fraud could be deposited.

The individual frauds were based on the fact that she was in possession of two pre-paid cards that had been opened fraudulently. Large sums had been transferred onto the cards and the cards had been used. Both cards were registered to her address.

Conspiracy to defraud – basis of plea

At court, our client was represented by Nottingham criminal solicitor advocate Phil Plant.  He was able to negotiate pleas to a limited number of charges.  More importantly he was able to negotiate a basis of plea so that the risk of a prison sentence was reduced.

The prosecution accepted pleas to the conspiracy and to converting criminal property.  The second charge was in relation to the bank account.  Additionally, Phil persuaded the Crown not to pursue the charges relating to the pre-paid cards.

The basis of plea limited her involvement in the conspiracy to a single transaction.  This accurately reflected our client’s admitted involvement in the conspiracy.

Mitigation for a Suspended Sentence

Following plea, Laura’s client had the benefit of a pre-sentence report prepared by probation.  Phil put forward mitigation emphasising her limited involvement, personal circumstances and her previous good character.  This led the Judge to decide he could suspend the prison sentence.

This was a very worrying time for our client so she was extremely relieved at being spared custody.  We were very pleased to be able to help her at a difficult time.

Positive Client Feedback

conspiracy to defraud client feedbackAlthough our staff don’t expect it, they are always pleased when they receive a ‘thank you’ from clients who are pleased with the outcome of their case or know that we have done all we can to secure the best outcome for them.

In this case, Laura and Phil’s client wished to go further so went to the trouble and expense of sending a card and flowers.
conspiracy to defraud positive client feedbackIn turn, we would like to wish our client all the best in the future and we hope that she is able to put what was an admittedly serious error of judgement behind her.

Contact Laura Clarson

Any Crown Court case will be serious so you will want a legal team who will fight to make sure you receive the best outcome.  In instructing Laura Clarson you will know that she will give your case the time and attention that it needs.

Please telephone Laura on 0115 9599550 or email her here.

 

News

Common assault trial – not guilty verdict

Nottingham criminal solicitor Derek Brown recently represented a client charged with common assault.  In an unusual case, the alleged victim of the assault had not provided a statement.  The evidence upon which any conviction would turn was from an independent eye witness.

This witness claimed that she had seen Derek’s client slap his partner with such force that she was knocked to the ground.

Denied common assault allegation

He accepted the following:

  • that he had been the man that the witness had seen
  • that he had been arguing with his partner in the street
  • that his partner had ended up on the floor but he had fallen with her

Derek’s client had explained his version of events in police interview.  He had explained that the argument had begun at his partner’s address.  He did not wish to continue the argument so chose to leave.  His partner tried to stop him so the argument continued in the street.

His partner continued to try and get him to return to her address.  She grabbed him, and he, in turn, grabbed her.  There was shouting throughout.  During this scuffle. Derek’s client maintained that they fell on the floor but he denied that he slapped his partner as described by the witness.

After the incident, Derek’s client maintained that he helped his partner up and they parted ways, going to their separate addresses.

Cross-examination of a mistaken witness

Derek’s client denied the allegation.  The case was listed for trial.  Both the eye-witness and our client gave evidence.  Derek’s questioning was directed at showing the Magistrates that the view of the eye-witness may well have been impeded taking into account all of the circumstances.  The witness did not know either party so would have had no reason to lie.  She was simply mistaken.

In the end, following Derek’s speech, the Magistrates’ were not sure that his client had hit his partner.  As a result he was found not guilty.

Contact a Criminal Solicitor in Nottingham

Every contested case will require a criminal defence lawyer who can identify a trial strategy.  Derek Brown is an experienced Magistrates’ Court trial advocate so will help identify relevant issues in your case.  If you are under investigation by the police or face court proceedings for common assault or any other matter please contact him on 0115 9599550 or by email here.

News

Police assault client not guilty when mobile phone footage recovered

police assault trial nottingham criminal solicitor
Nottingham crime solicitor Graham Heathcote

Notttingham crime solicitor Graham Heathcote recently represented two clients from the Nottingham Polish community who were charged with similar allegations of disorderly conduct, and one with two allegations of police assault.

Although both were convicted of the public order offence, there were not guilty verdicts for the police assault allegations.

Neither client had been in trouble with the police before.  They decided, along with others, to stage an impromptu, unlicensed, boxing match in the street in the Forest Fields area of Nottingham.  Unfortunately it all gets out of hand to the extent that a member of the public calls the police.

Three police cars attended the incident.  One of the group, represented by another firm of solicitors, was arrested.  The police wanted to arrest Graham’s client.  The decision to arrest was based on the description of one of those involved.  This was given by the eye-witness who called the police.

The police witnesses alleged that Graham’s client backed off and  gestured as if he wanted to fight the police.  It was then alleged that our client grabbed a female officer in a headlock, taking her to the ground.  On the way to the floor it was claimed that he kicked a second officer.

The third Polish male was arrested for the public order offence based on the witness account, and he was initially represented by Nick Walsh of VHS Fletchers.

Graham’s client pleaded not guilty to all of his charges.  Nick’s client pleaded not guilty to the public order offence.  Unfortunately, legal aid was refused for Nick’s client despite his good character and the challenge to police evidence.  This is because the charge did not carry a prison sentence.

Legal aid was also initially refused for Graham’s client on the basis of his financial means.  Graham pursued a hardship application with the Legal Aid Agency and legal aid was eventually granted to ensure his free representation before the court.

Pro Bono Representation

Unfortunately, the hardship application was not decided until two days before the trial.  As a result, little time was left for preparation.  Graham felt able, however, to represent the second client without legal aid on a pro-bono, or free, basis to ensure that he had a fair trial.  As a result, this client did not have to pay for his representation.

 Decisive evidence from cameras

CCTV footage was obtained from the street.  Unfortunately the incident was in the distance.  It was grainy and not helped by poor lighting.  It did not appear to show a great deal of the incident.

Graham took the time to slow the footage down and was able to blow up the footage.  If watched frame by frame the camera captured the police jumping on Graham’s client.  They then took him to the floor before the incident disappeared from view behind a police car.

This footage alone cast doubt on the truth of the police allegation that Graham’s client was the aggressor and put an officer in a headlock.  He would also have seemed to be too far away from other officers to kick any of them.

Graham’s second client had continued to film the incident on his mobile phone once it had gone out of view of the street CCTV.  Although the police denied it, one of them was seen on the CCTV taking our client’s phone off him and then returning it.  Our client maintained the officer deleted the footage.

Graphic footage retrieved from mobile phone

police assault not guilty nottingham defence lawyer
Nottingham Magistrates’ Court

The footage was able to be retrieved from the phone despite the police attempts to delete it.  It showed the confiscating officer slamming our client’s head on the pavement.  The footage was so graphic that the court usher was heard to gasp when it was played.

Of course, in part the prosecution case was dependent upon the truthfulness of this officer.  This was the same officer who denied the confiscation of the phone and assaulting the client.  This evidence was proved to be untrue.

The only type of camera footage missing was police BodyCam footage.  Although six police officers in total attended and body cameras are now issued as standard to all front line officers apparently not a single officer was wearing one.

Not guilty of police assault

Although both clients were convicted of the disorderly conduct mater relating to their earlier behaviour, the client charged with police assault was found not guilty of both offences.

Contact a criminal solicitor in Nottingham

With the right representation (in this case free for one client) and preparation (even at short notice) police evidence can be successfully challenged.  Here, if convicted, one of our clients was likely to be receive a prison sentence.

Choosing the right criminal lawyer who will properly prepare and present your can make the difference between guilty or not guilty verdicts.

If you are being investigated by the police or face court proceedings then Nottingham criminal defence lawyer Graham Heathcote can be contacted on 0115 9599550 or email him here.